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HomeMy WebLinkAbout2596 TOG~TNER W1TH all a~d iingular the ten~menb, hereditameMS and appu~trnances thercunto IxMnging or in aoywise the~eunto appertaining and the ~ents, iuu~s anJ profits, thereof. and also al) the estate, right, title, interest and all claim and de~narx! whatfocver, as wel) in law as in equity, ot the said I11or1gagor in and to the same. including but not limited to: , (a) Al! rents, profits, revenues, myalties, rights and benetits derived from (1) c~ops grown on uid ucurity and procluce ot the soil otherwiu (2) oil, gas o~ miReral leucs of the prcmisa or any part thcreo(. now existing or hercinafler made, and (3) all othe~ ~ents, issu~s and p~otita o( the premises irom time to time accruing, whether under teases or tenancies now existi~g or hereafter created; in each such case with the right in the 11~ortgagee, but only at its option, ~o rereive and ~cc~ipt there(or and to apply tbe same as it may elect to any indebteclness secured hereby, and Ihe Mortgagee, at its option, may demand, sue for and recover any such paymenb, resen•ing tu the Mortgagor, howeve~, so long as said Mortgagor is not in deiaidt hereunder, the right to receive and retain such ~ents, iuua and protits. (b) AU judgments, awards ot damages and settlcments hereaiter made as a rrsult of or in liru o( any taking ot th~ pre~nises or any part thereo( under the power o( eminent domain, or for any damage (whethrr caused by auch taking or otficrwise) to the premua or thc improvements thercon or any part thereof; such part of any such judgmcnt, award or settlement, as thc l~iortgagee may elect to be applied to the indebted~ess hereby secured and the balance the~eof, if any, to be reserved to the party or partia otherwise ~ntidrel thereto. ' TO HAVE A:KD TO IIOI.D the above granted and descritxd premius to the said 1lfortgag~e, its seecceuun and assiqns, forc~•cr, and the said Mort3agor dors hereby fully warrant thc tiUe to said land, and will def~od the ~tme aga~nst the I~w(ul claims ot all penons who~nsoever; pro~•idecl always that i( I~iortgagor shall pay to Mortgagce that certain promissory note abo~•e . i de~scribed and shall pertorm all other cov~nants and conditions of said promissory note, and of any ren~wal, ext~~sion or modi- ~ (ication thc~eoi, and ot this mortgage, then this mortgaqe and the estat~ hcreby cr~atcd shal! cease and be nu11 and void. ~ ~ Mortqagor furth~r co~•~nants and agrees with Afortgagee as (ollows: 1. To pay all sums induding interrst securcd hereby when due, as pro~•idect (or in said prum~ssory note and any ren~wal, ~ exteruion or moditication thrreoF and in thie mortgaqe, all surh sunu to be payable in lawful nx.ney of the United States of , America at 111ortgagee's aforesaid Principal office, or at such other place as Etortgagee may desiqnate in writing. ~ 2. To pay wh~n due, and without requirin,q any notice itom \rlortgagee, all taxes, assessments of any type or nawre ~ and othe~ charges le~•ied or assessed against the pr~mises h~rrby encumbered or any inte~est of ~lortgage thercin. To" immecliateiy 3 pay and discharge any claim, li~n or ~ncumbranc~ against such remis~s whech ma be or become su ~ p y perior to this mortgaqe and to permit no de(ault o~ d~lirtqurncy on any oth~r licn, ~nrumbr~ncc or charg~ against such prcmis~s. 1 3. It uirerl b 1lfortgag~e, to also make monthl • de ~ { ?r9 Y y posits with Mortqaqce, in a non-int~rest bcaring account, toqethtr with and in addition to interat and principal, of a sum equal to on~-twel[th o( th~ yearly taxes and asussments which may be s levied aqainst the pr~misrs, and (if so rcquirrd) one-twclfth ot thc y~arly premiums to~ insurance thercon. Thr amount of such ~ tax~s, ass~ssmrnu and premiums, wheo unknowo, shall be cstimatnl by 11(ortgagee. Such deposits shall be used by Mortgagr~ t to pay such taxes, assessm~nis and premiums when due. Any insufficienry of such atcount to pay such charges when due thall ? be paid by Mortgagor to Atortgagee on dem~nd. If, by r~ason of any default by Mortgagor under any provision of this mort- ~ qag~, I?~ortgagee dcclares all sums ucured hereby to be due and payablc, \iortgagee may then apply any funds in said account ; againat the entire indebtedncss saurcd hcreby. The ~ntorccability of the co~~fnants rclating to taxes, asseuments and insurance ~ premiums herein othtrwise provid~d sh~ll not be a((ecteel except in so far as thox obligations have bcen met by romplianc~ with i i this paragraph. biortqagee may from time to time at its option wai~~c, a~d a(t~r any such waiver reinstate, any or all provisions = h~reof requiring such deposits, by notice to MortqaQor in writinc- ~\'hile any such wai~•er is in effect Mortgagor shail pay taxrs, } asscssm~nu and insurance premiums as herein elsewhere pro~•ided. ~ 4. To pay aiI tazes, stamp tax or other charqe which rnay tx ass~ss~d upnn this rnurtgaq~, or said notr, or indebtednc7s # serured hereby, without rcqard to any law, Fcdcral or State, heretofore or herea[ter enacted, imposinq p.~~m~nt of all or any ~ part thereof upon ~torteagee. In tvent of enactment of -any law imposing payment oi all or any portion of any such taxes upon Aiortgagee, or the rend~rin¢ by any court o( last resort o( a derision that the undertaltinq by 1lfortgagor, as herein provided, to pay such taz or taxcs is legatty i~operative, then, unless 1liortqagor neverth~less pa~•s such taxes, all suins hrreby s~cured, without i an deduction, sha11 at the o tion of liort a ee become immediatel due and ~ Y P 3 g y payabl~, notwithstanding anything contained herein ` S or any law heretofore or hereafter rnacte~d. 5. To kcep the pr~mises insured against loss or damage by tire, windstorm or extended coverage and such other hazards as may be required by :lfortgagee, in form and amounts satis(actory to, and in insurance companies approved by biortgaqee, and with acceptabie mortqag~e ioss payabte clauses attachrd. Such policies, together weth such abatraets and other tide e~tidenc~ as may be r~quired by Mortgagee, shall be deli~•crcY1 to and held by Mortgagte without liability. Upon foreclnsure of this mortgage o~ ~ other acquisition ot the premius or any part thereof by I?iortgagee, said policia, ab3tracts and title evidence shaU become the absolute property o( Aiortqaqe~. . ~ ; 6. To Gnt obtain the writt~n consent of 11lortqagee, such conxnt to be granted or withheld at the sole discretion of such ~ \iortqaGce, brfore (a) removing or demolishing any building now or hereafter erectcd on the prcmisa, (b) altering the arrange- ~ mrnt, drsiQn or structural character thereof, (c) making any repain which involve the removal of structural paru or the E exposure of the int~rior of such building to the elernents, or (d) except for domestic purpoxs, cutting or removing or permittinq ~ the cuttinG and removal of any trces or timtxr on the premises. ~ ! 7. To maintain premises in qood condition and repair, including but not limited to the maRinq of such npain as l~iortgagee may from time to time determine to be necessary for the preservadon of the premurs and to not commit nor permit any waste thereof. ~ 8. To comply- with atl taws, ordinances, regulations, covenants, conditions and restriction~ affecting the premis~s, and not ~ to suffer or permit any violation th~reot. i 3 9. If Mortgaqor fails to pay any claim, lien or encumbrance which is superior to this mortgage, or, when duq any tax or ~ssessm~nt or insuranre premium, or to kerp the premises in repair, or shall commit or permit waste, or if there be commenced ~ny action or proc~eding affecting th~ premixs or the tide thereto, then Mortqagce, at its option, may pay said claim, lien, encum- brance, tax, ass~ssment or premium, with right of subrogation th~reunder, may make such tepain and take such steps as it deems advisable to prevent or cure such waste, and may appear in any such action or proceeding and retain counsel therein, and take such a~tion therein as Mortgaqee deems adviaablq and for any o( said purposes Mortgagee may ad~•ance such sums of money, including all costs, fees and other items of expense as it deems nec~ssary. Mortgagee shali be the ~ie judge of the legality, ~•alidity and priority o( any such claim, lien, encumbrance, tax, auessment and premium, and of the amount necessary to be paid ' io satisfa~tion thrrroL 1liortgagee shall not be held accountable (or any delay in making any such payment, which delay may result in any addition:~l int~rest, cost, charga or expense otherwise. 1~. Atortgaqor will pay to 1ltortqaqee, immediately and without demand, all sums of money advanccd by Mortgaqce pursu- i ant to this mortqaqe. together with int~rest on each such ad~•ancemcnt at the rate of ten per cent. (107 ) Fxr annum, and ail such sums and interest th~reon shall be secured h~reby. 11. All sums -of money ucurcd hereby shall be payable without any relief whatever Irom any valuation or appraisement laws. i ~ 12. If defautt be made in payment o( any instalment of principal or intcrest of said note or any part thtreof when du~, or ~ in paymertt, when due of any other sum secured hereby, or in performance of any of Mortgagor's obligations, covenants or ~ agreemenu hereunder, a11 of the indebtedness secured hereby shall becorrie and be immediatdy due and payable at the option o( ~ Mortgagee, without notic~ or demand which are h~reby expressly waived, in which rvent Mortgaget may avait itsetf of all rights and remedics, at law or in equity, and this mortqaRe maq be foreclosed with a11 rights and remtdies "afforded by thc laws of Florida and Mortgagor shall pay all cmts, charges and expensa thereof, including a reasonable attorney's fee. s ~zss ~~~z~s~ ~ ~ ~ ~ ~ ~ -~s, . ~ ~~"T " ~'F '~a~~a^ .